Ruling Cases - Law Dictionary Search Results
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These … natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the
Appeal
6th Edn., Vol. G., pp. 268-269. In India, an appeal lies to the Supreme Court from any judgment, decree or final order of a High Court whether in a civil, criminal or other proceeding, but it is … to the Court of Criminal Appeal under the (English) Criminal Appeal Act, 1907, or under the (English) Crown Cases Act, 1848 (11 & 12 Vict. c. 78). Appeals to the House of Lords in forma pauperis are
Discharge
of his prisoner; a prisoner discharged from custody; a jury discharged from the cause. See next title. A rule nisi is discharged when the Court decides that it shall not be made absolute, i.e., that the party … the rule nisi should take nothing, and the suit remain in statu quo. See RULE. In a warrant case instituted otherwise than on a police report, 'discharge' or 'acquittal' of accused are distinct concepts applicable to different
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Contingent remainder
a springing or shifting use or executory devise or other executory limitation. Contingent remainders are subject to the rule against perpetuities [Re Ashforth, (1905) 1 Ch 535]. Before the Act of 1877 (English) was passed the rules … and not a contingent remainder. The interposition of trustees to preserve contingent remainders was rendered unnecessary in most cases by the Real Property Act, 1845 (8 & 9 Vict. c. 106), s. 8, which enacts 'that a
judgment
or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict NOTE: Under Rule 54 of the Federal Rules of Civil Procedure judgment encompasses a decree and any … judgment also judge·ment [jəj-mənt] n 1 a : a formal decision or determination on a matter or case by a court ;esp : final judgment in this entry compare dictum, disposition, finding, holding, opinion, ruling, verdict
Collision of ships
law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) … the other.' In a Court of Common Law the same rule prevailed in the 1st, 3rd, and 4th cases; but in the 2nd, viz., where both parties are to blame, the rule was that if the negligence
Domicile
person cannot establish a domicile in a place except it be animo et facto. From these considerations and rules the general conclusion may be deduced, that domicile is of three sorts: domicile by birth, domicile by choice, … where he had his domicile of origin. By the second statute, 24 & 25 Vict. c. 121, in cases where a convention shall have been entered into between the Crown and any foreign state that such statute
Statutory Rules and Orders
Statutory Rules and Orders. Very numerous Acts of Parliament, especially those passed in recent years, empower the Sovereign in Council, … Diseases of Animals Act, 1894, and other Acts; and hundreds of other rules, orders, and regulations, in some cases requiring to be laid before Parliament, and in other cases not, and in some cases required to be
Pension
provide for oneself due to old age. It creates a vested right and is governed by the statutory rules such as the Central Civil Services (Pension) Rules which are enacted in exercise of power conferred by Articles … inasmuch as it partakes the character of public assistance in case of unemployment, old-age, disablement or similar other cases of undeserved want. Relevant rules merely make effective the constitutional mandate. Pension is a right not a bounty
Trust
need only make his meaning clear as to the interest he intends to give, having regard as a rule to the technical terms of the Common or Statutory Law in the limitations of legal estate. Before 1926 … Common or Statutory Law in the limitations of legal estate. Before 1926 an equitable entail would in the case of an executory document or a bequest or devise by will pass without the words 'heirs of the
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